CORAM

SALIHU MODIBBO ALFA BELGORE, JUSTICE, SUPREME COURT

UWANI MUSA ABBA AJI

PARTIES

FEDERAL REPUBLIC OF NIGERIA APPELLANT(S) / APPLICANT(S) / PLAINTIFF(S)

DEFENDANT(S) /RESPONDENT(S)

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant objected to the jurisdiction of the court to try him on the ground that the Corrupt Practices and Other Related Offences Act, 2000, is unconstitutional and void.  ?

HELD

The court held that the act is valid and constitutional and that the National Assembly can make chapter II of the constitution justiciable by legislation. ?

ISSUES

1. Whether the combined effect of the provisions of Sections 4(2), 15(5), items 60(a), 67 and 68 in Part I of the Second Schedule and Section 2(a) of Part Ill of the Second Schedule of the Constitution of the Federal Republic of Nigeria, 1999, is to confer power on the National Assembly to make laws for peace, order and good government of the Federal Republic of Nigeria with respect to offences arising from, connected with or pertaining to corrupt practices and abuse of power.2. Whether the National Assembly has the power to enact sections 9( 1)(a) and 26(3) of the Corrupt Practices and Other Related Offences Act, 2000.

RATIONES DECIDENDI

CASES CITED

1. Adisa V. Oyinwola (2000) 10 NWLR (Pt. 674) 1162. Alao V. ACB Ltd (2000) 9 NWLR (Pt. 672) 2643. Anyankpele V. Nigerian Army (2000) 13 NWLR (Pt. 684) 2094. Attorney-General of Abia State V. Attorney-General of the Federation (2002) 6 NWLR (Pt. 763) 2645. Attorney-General of Lagos State V. Attorney-General of the Federation (2003) 35 WRN 1; (2003) 9 SCM, 16. Attorney-General of Ondo State V. Attorney-General of the Federation (2002) 9 NWLR (Pt. 772) 222; (2002) 9 SCM, 17. Attorney-General of the Federation V. Attorney-General of Abia State (No. 2) (2000) 6 NWLR 8. Adewumi V. The Attorney-General of Ekiti State (2002) 2 NWLR (Pt. 751) 474 (2002) 2 SCM,1?

STATUTES REFERRED TO

The Constitution of the Federal Republic of Nigeria 1999?

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